THIRDDIVISION

[95748,November21,1996]
ANASTACIAVDA.DEAVILES,ETAL.,PETITIONERS,VS.
COURTOFAPPEALSANDCAMILOAVILES,RESPONDENTS.
DECISION
PANGANIBAN,J.:
Is the special civil action of Quieting of Title under Rule 64 the proper remedy for
settlingaboundarydispute?DidtherespondentCourt
[1]
commitareversibleerror
when it did not declare the respective rights of the parties over the disputed
propertyinsaidaction?
ThesearethekeyissuesraisedinthispetitiontoreviewoncertioraritheDecision
[2]
of the respondent Court promulgated on September 28, 1990 in CAG.R. CV No.
18155,whichaffirmedthedecisiondatedDecember29,1987oftheRegionalTrial
Court, Branch 38,
[3]
Lingayen, Pangasinan, dismissing a complaint for quieting of
title.
TheFacts
Inanactionforquietingoftitlecommencedbeforetheaforementionedtrialcourt,
the following facts, "stripped of unnecessary verbiage", were established by the
respondentCourt:
[4]
"PLAINTIFFSaverthattheyaretheactualpossessorsofaparcelofland
situatedinMalawa,Lingayen,Pangasinan,moreparticularlydescribedas
fishpond,cogonal,unirrigatedriceandresidentialland,boundedonthe
N by Camilo Aviles on the E by Malawa River, on the S by Anastacio
Aviles and on the W by Juana and Apolonio Joaquin, with an area of
18,900 square meters and declared under Tax Declaration No. 31446.
Thispropertyistheshareoftheirfather,EduardoAvilesandbrotherof
thedefendant,intheestateoftheirdeceasedparents,IreneoAvilesand
AnastaciaSalazar.
SINCE 1957, Eduardo Aviles was in actual possession of the afore
described property. In fact, the latter mortgaged the same with the
Rural Bank and Philippine National Bank branch in Lingayen. When the
propertywasinspectedbyabankrepresentative,EduardoAviles,inthe
presence of the boundary owners, namely, defendant Camilo Aviles,
Anastacio Aviles and Juana and Apolonio Joaquin(,) pointed to the
inspector the existing earthen dikes as the boundary limits of the
property and nobody objected. When the real estate mortgage was
foreclosed, the property was sold at public auction but this was
redeemed by plaintiffs mother and the land was subsequently
transferredanddeclaredinhername.
ONMarch23,1983,defendantCamiloAvilesassertedacoloroftitleover
thenorthernportionofthepropertywithanareaofapproximately1,200
square meters by constructing a bamboo fence (thereon) and moving
the earthen dikes, thereby molesting and disturbing the peaceful
possessionoftheplaintiffsoversaidportion.
UPONtheotherhand,defendantCamiloAvilesadmittedtheagreement
of partition (Exh. 1) executed by him and his brothers, Anastacio and
Eduardo.Inaccordancetherewith,thetotalareaofthepropertyoftheir
parentswhichtheydividedis46,795squaremetersandtheareaalloted
(sic) to Eduardo Aviles is 16,111 square meters more or less, to
Anastacio Aviles is 16,214 square meters more or less, while the area
allotedtodefendantCamiloAvilesis14,470squaremetersmoreorless.
Therespectivearea(s)allotedtothemwasagreedandmeasuredbefore
the execution of the agreement but he was not present when the
measurement was made. Defendant agreed to have a smaller area
because his brother Eduardo asked him that he wanted a bigger share
because he has several children to support. The portion in litigation
howeverispartofthesharegiventohimintheagreementofpartition.
Atpresent,heisonlyoccupyinganareaof12,686squaremeterswhich
is smaller than his actual share of 14,470 square meters. Tax
DeclarationsNos.23575,481and379coveringhispropertyfrom1958
(Exhs. 7, 8 and 9) show that the area of his property is 14,470
squaremeters.Thericelandportionofhislandis13,290squaremeters,
thefishpondportionis500squaremetersandtheresidentialportionis
680 square meters, or a total of 14,470 square meters. That the
topographyofhislandisnotthesame,hence,theheightofhispilapils
arelikewisenotthesame."
InitsdecisiondatedDecember29,1987,thetrialcourtdisposedofthecasethus:
[5]
"WHEREFORE, premises considered, judgment is hereby rendered as
follows:
1.OrderingthepartiestoemploytheservicesofaLandSurveyorofthe
Bureau of Lands, Region I, San Fernando, La Union, to relocate and
determine the extent and the boundary limit of the land of the
defendantonitssouthernsideinorderthatthefourteenthousandfour
hundredseventy(14,470)squaremeterswhichistheactualareagiven
tothedefendantbedetermined
2.Orderingthecomplaintdismissedforlackofbasisandmerits
3.Orderingtheplaintiffstopaythedefendantthesumoftwothousand
(P2,000.00)pesosasattorneysfeesandtofurtherpaythecostsofthe
proceedings
4.Allotherclaimsaredeniedforlackofbasis."
Dissatisfied with the trial courts decision, petitioners appealed to the respondent
appellateCourt.InitsnowassailedDecision,theCourtofAppealsaffirmedinpart
the decision of the trial court, reasoning that a special civil action for quieting of
titleisnottheproperremedyforsettlingaboundarydispute,andthatpetitioners
should have instituted an ejectment suit instead. The dispositive portion of the
impugnedDecisionreadsasfollows:
"WHEREFORE,inviewoftheforegoing,thedecisiondatedDecember29,
1987 dismissing the complaint is hereby AFFIRMED but without
necessarilyagreeingwiththerationdetre(sic)proferredbytheCourta
quo.Theportionthereoforderingthepartiestoemploytheserviceofa
land surveyor to relocate and determine the extent and boundary limit
of the land of the defendant on its southern portion in order that the
fourteen thousand four hundred seventy (14,470) square meters which
is the actual area given to the defendant be determined is hereby
REVERSEDandSETASIDE.Costsagainstplaintiffsappellants."
TheIssues
DisagreeingwiththerespondentCourt,petitionersnowraisethefollowingissues:
[6]
"a.WhetherornottheHon.CourtofAppealsiscorrectwhenitopined
thatthexxxcomplaintforquietingoftitleinstitutedbythepetitioners
against private respondent before the court a quo is not the proper
remedybutrather,itshouldbeacaseforejectment(sic).
b. Whether or not the Hon. Court of Appeals is correct in rendering a
decision, now subject of the instant petition, without fully determining
therespectiverightsofthehereinparties."
Petitionersdeemtobe"withoutbasis"therespondentCourtsholdingthatquieting
of title is not the proper remedy in the case a quo. They assert that private
respondent is occupying the disputed lot because he claimed it to be part of his
share in the partitioned property of his parents, whereas petitioners are claiming
the said lot as part and parcel of the land allotted to Eduardo Aviles, petitioners
predecessorininterest.Theycontendthattheyhavebeenoccupyingtheaforesaid
land as heirs of Eduardo Aviles in "open, actual, continuous, peaceful, public and
adversed (sic) (possession) against the whole world." Further, they argue that, if
indeed the disputed lot belonged to private respondent, why then did it take him
"almost 26 long years from June 27, 1957 or until March 27, 1983" to assert his
ownershipwhydidhenot"asserthisownership"overthepropertywhenEduardo
Avileswasstillaliveandwhydidhenottakeany"action"whenthemortgageover
thedisputedpropertywasforeclosed?
[7]
Privaterespondentcorrectsthepetitionersclaiminregardtothedatewhenhehad
thebamboofenceconstructed.Heallegesthatthepetitionersmaliciouslyconcocted
the story that private respondent had purportedly encroached some 1,200 meters
on their property when, in fact, "he was merely repairing the old bamboo fence
existingwhereithadalwaysbeensince1957."
[8]
TheCourtsRuling
FirstIssue:QuietingofTitleNotProperRemedyForSettlingBoundary
Dispute
We agree with respondent Court. The facts presented unmistakably constitute a
clear case of boundary dispute, which is not cognizable in a special civil action to
quiettitle.
Quieting of title is a common law remedy for the removal of any cloud upon or
doubtoruncertaintywithrespecttotitletorealproperty.
[9]
TheCivilCodeauthorizesthesaidremedyinthefollowinglanguage:
"Art. 476. Whenever there is a cloud on title to real property or any
interest therein, by reason of any instrument, record, claim,
encumbranceorproceedingwhichisapparentlyvalidoreffectivebutis,
intruthandinfact,invalid,ineffective,voidable,orunenforceable,and
may be prejudicial to said title, an action may be brought to remove
suchcloudortoquietthetitle.
Anactionmayalsobebroughttopreventacloudfrombeingcastupon
atitletorealpropertyofanyinteresttherein."
Infine,toavailtheremedyofquietingoftitle,aplaintiffmustshowthatthereis
aninstrument,record,claim,encumbranceorproceedingwhichconstitutesorcasts
a cloud, doubt, question or shadow upon the owners title to or interest in real
property. Thus, petitioners have wholly misapprehended the import of the
foregoingrulebyclaimingthatrespondentCourterredinholdingthattherewas
"noxxxevidenceofanymunimentoftitle,proceeding,writtencontract, xxx", and
thattherewere,asamatteroffact,twosuchcontracts,viz.,(i)theAgreementof
Partitionexecutedbyprivaterespondentandhisbrothers(includingthepetitioners
fatherandpredecessorininterest),inwhichtheirrespectivesharesintheinherited
propertywereagreedupon,and(ii)theDeedofSaleevidencingtheredemptionby
petitioner Anastacia Vda. de Aviles of the subject property in a foreclosure sale.
However, these documents in no way constitute a cloud or cast a doubt upon the
titleofpetitioners.Rather,theuncertaintyarisesfromthepartiesfailuretosituate
andfixtheboundarybetweentheirrespectiveproperties.
AscorrectlyheldbytherespondentCourt,"(i)nfact,bothplaintiffsanddefendant
admitted the existence of the agreement of partition dated June 8, 1957 and in
accordance therewith, a fixed area was alloted (sic) to them and that the only
controversy is whether these lands were properly measured. There is no adverse
claim by the defendant"which is apparently valid, but is, in truth and in fact,
invalid, ineffective, voidable, or unenforceable" and which constitutes a cloud
thereon.
Corollarily,andequallyasclear,theconstructionofthebamboofenceenclosingthe
disputedpropertyandthemovingofearthendikesarenotthe"clouds"or"doubts"
whichcanberemovedinanactionforquietingoftitle.
An action to quiet title or to remove cloud may not be brought for the purpose of
settlingaboundarydispute.Theprecedentonthismattercitedbytherespondent
CourtinitsDecisionisherewithreproducedinfull:
[10]
"In Ashurst v. McKenzie (1890) 92 Ala. 484, 9 So. 262, where the
complainants predecessor in title and the defendant had, during their
occupancy, destroyed and obliterated the boundary line between their
adjoiningtractsofland,andtherewasnowadisputeastoitslocation,it
was held that a bill did not lie to remove a cloud on the complainants
title.Thecourtsaid:Thereisnoallegationorevidenceofanymuniment
oftitle,proceeding,writtencontract,orpapershowinganycoloroftitle
inthedefendant,whichcouldcastashadowonthetitleofcomplainants
to any part of the land there is no overlapping of description in the
munimentsheldbyeither.Thelandofcomplainantsanddefendantjoin.
Thelinewhichseparatesthemisindisputeandistobedeterminedby
evidence aliunde. Each admits that the other has title up to his line
wherever it may be, and the title papers of neither fix its precise
location.Sothatthereisnopapertheexistenceofwhichcloudsthetitle
of either party, and nothing could be delivered up and cancelled under
thedecreeofthecourtundertakingtoremoveacloud."
Another similarly instructive precedent reported in the same reference is also
quotedbelow:
"In Kilgannon v. Jenkinson (1883) 51 Mich. 240, 16 N.W.
390, the court, dismissing a bill to quiet title, said: "The
fundamentaldisputeisaboutthecorrectpositionoftheline
between lots 3 and 7. The case is not one where a
complainant in possession of a specific piece of land, and a
defendantoutofpossession,butclaimingsomerightortitle,
are contending as to which one has the better right to that
sameparcelbutitisacasewherethetitlesarenotopposed,
and the basis and existence of all right and claim depend
simply upon where the original line runs. When that is once
settled, there can remain no semblance of claim or cloud to
bepassedon,andtheissueonthatparticularquestionisone
regularlytriableatlaw..."
[11]
SecondIssue:ShouldPartiesRightsHaveBeenDeclared?
Petitioners also chide the respondent Court (and the trial court) for not declaring
the respective rights of the parties with respect to the land in question, arguing
that"whenoneisdisturbedinanyforminhisrightsofpropertyoveranimmovable
by the unfounded claims of others, he has the right to ask from the competent
courts: xxx that their respective rights be determined xxx". As support for their
thesis,petitionerscitetheancientcaseofBautistavs.Exconde.
[12]
Rule64oftheRulesofCourt,dealingwithactionsfordeclaratoryrelief,specifiesin
Section1thereofthegrounds,conditionsprecedentorrequisitesforbringingsuch
petitions.
[13]
ThisCourthaspreviouslyheldthat
"Under this rule, only a person who is interested under a deed, will,
contractorotherwritteninstrument,andwhoserightsareaffectedbya
statuteorordinance,maybringanactiontodetermineanyquestionof
constructionorvalidityarisingundertheinstrumentorstatuteandfora
declaration of his rights or duties thereunder. This means that the
subject matter must refer to a deed, will, contract or other written
instrument, or to a statute or ordinance, to warrant declaratory relief.
Any other matter not mentioned therein is deemed excluded. This is
undertheprincipleofexpressiouniusestexclussioalterius."
[14]
Inasmuchastheenumerationofthecauses,groundsorconditionsprecedentinthe
first paragraph of said Sec. 1 is exclusive, by parity of reasoning, it follows that
similar remedies provided for in the second paragraph of the same section would
also be marked with the same exclusivity as to bar any other cause possibly
clouding ones title as a ground for such petitions. Thus, even assuming arguendo
thattheactiontoquiettitlehadbeenbroughtunderRule64,thesamewouldstill
not have prospered, the subject matter thereof not referring to "a deed, will,
contract or other written instrument, or to a statute or ordinance," but to a
boundarydispute,andthereforenotwarrantingthegrantofdeclaratoryrelief.
Fromanotherperspective,weholdthatthetrialcourt(andlikewisetherespondent
Court) cannot, in an action for quieting of title, order the determination of the
boundaries of the claimed property, as that would be tantamount to awarding to
oneorsomeofthepartiesthedisputedpropertyinanactionwherethesoleissueis
limited to whether the instrument, record, claim, encumbrance or proceeding
involved constitutes a cloud upon the petitioners interest or title in and to said
property. Such determination of boundaries is appropriate in adversarial
proceedingswherepossessionorownershipmayproperlybeconsideredandwhere
evidence aliunde, other than the "instrument, record, claim, encumbrance or
proceeding" itself, may be introduced. An action for forcible entry, whenever
warranted by the period prescribed in Rule 70, or for recovery of possession de
facto, also within the prescribed period, may be availed of by the petitioners, in
whichproceedingtheboundarydisputemaybefullythreshedout.
WHEREFORE, in view of the foregoing considerations, the instant petition is
hereby DENIED and the Decision appealed from is AFFIRMED. Costs against
petitioners.
SOORDERED.
Narvasa,C.J.,(Chairman),Davide,Jr.,Melo,andFrancisco,JJ.,concur.
[1]
ThirteenthDivision,composedofJ.JainalD.Rasul,ponente,andJJ.ManuelC.
HerreraandEduardoR.Bengzon,concurring.
[2]
Rollo,pp.2125.
[3]
PresidedbyJudgeAntonioM.Belen.
[4]
Decision,pp.23Rollo,pp.2223.
[5]
Rollo,pp.2122.
[6]
PetitionersMemorandum,p.8Rollo,p.97.
[7]
PetitionersMemorandum,pp.1011Rollo,pp.99100.
[8]
Comment,p.4Rollo,p.42.
[9]
Vitug,CompendiumofCivilLawandJurisprudence,1993Rev.Ed.,p.295.
[10]
78ALR58.(underscoringsupplied.)
[11]
78ALR59.(underscoringsupplied.)
[12]
40O.G.8thS.,No.12,p.231,June29,1940.
[13]
Section1ofRule64isreproducedhereinbelowforeaseofreference:
"Section 1. Who may file petition. Any person interested under a deed, will,
contract or other written instrument, or whose rights are affected by a statute,
executiveorderorregulation,orordinance,may,beforebreachorviolationthereof,
bring an action to determine any question of construction or validity arising under
theinstrumentorstatuteandforadeclarationofhisrightsordutiesthereunder.
An action for the reformation of an instrument, to quiet title to real property or
removecloudstherefrom,ortoconsolidateownershipunderArticle1607oftheCivil
Code,maybebroughtunderthisrule."
[14]
Lerumvs.Cruz,87Phil.652,November29,1950.

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